DELAWARE RIVER PORT AUTH. v. TRANSAMERICAN TRAIL. TR., INC.

No. 74-1214.

501 F.2d 917 (1974)

DELAWARE RIVER PORT AUTHORITY et al. v. TRANSAMERICAN TRAILER TRANSPORT, INC., Appellant.

United States Court of Appeals, Third Circuit.

Decided July 30, 1974.


Attorney(s) appearing for the Case

John G. Harkins, Jr., Marjorie G. Marinoff, Pepper, Hamilton & Scheetz, Philadelphia, Pa., Amy Scupi, Olga Boikess, Galland, Kharasch, Calkins & Brown, Washington, D. C., for appellant.

Abraham E. Freedman, Freedman, Borowsky & Lorry, Philadelphia, Pa., for ILA, Phila. District Council.

Martin A. Heckscher, Duane, Morris & Heckscher, Philadelphia, Pa., for Delaware River Port Authority.

Israel Packel, Harrisburg, Pa., Gordon P. MacDougall, Washington, D. C., for Commonwealth of Pennsylvania.

Francis A. Scanlan, Deasey, Scanlan & Bender, Ltd., Philadelphia, Pa., for Phila. Marine Trade Assn. and Port of Phila. Marine Terminal Assn.

M. Carton Dittmann, Jr., Ballard, Spahr, Andrews & Ingersoll, Philadelphia, Pa., for Phila. Port Corp. and Greater Phila. Chamber of Commerce.

Martin Weinberg, Herbert Smolen, Philadelphia, Pa., for City of Philadelphia.

James L. Pimper, Gen. Counsel, Douglas N. Jones, Atty., Federal Maritime Commission, Francis B. Burch, Atty. Gen., of Maryland, Eldred N. Bell, Jr., Baltimore, Md., Director of Transp. for Maryland Port Administration, for amicus curiae.

Before ROSENN and HUNTER, Circuit Judges, and HANNUM, District Judge.


OPINION OF THE COURT

ROSENN, Circuit Judge.

This appeal involves a novel issue of considerable importance to the shipping industry and to American maritime ports. The plaintiffs are parties interested in the promotion of the shipping industry in the Port of Philadelphia. The defendant, Transamerican Trailer Transport, Inc. (TTT), is a steamship company and common carrier by water.1 TTT ships do not call at the Port of Philadelphia...

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